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Navigating the legal landscape: The implementation status of MiCA
As the cryptocurrency market continues to captivate investors worldwide, understanding the regulatory landscape becomes more crucial than ever. In this respect the Markets in Crypto Assets Regulation (the MiCA) is a ground-breaking initiative by the European Union (the EU) aimed at establishing a robust framework for digital asset markets. With MiCA application having taken effect on 30 December 2024, EU member states are now in the process of aligning their national legislation with the new rules and addressing the practical challenges of implementation.Click on the image below or use the following link to read our overview in English. For more
TMT Legal Update
Our TMT Legal Update provides insights from our law experts and aims to keep you regularly up to date with sector news, trends and legislation in the Central and Eastern Europe and Central Asia regions. This issue covers key updates from our jurisdictions from the past few months. REGIONAL Implementation status of certain EU regulations Technology 01. New development regarding NIS 2 Directive implementation in various Kinstellar jurisdictions The EU's NIS2 Directive is a cybersecurity act aimed at improving overall cybersecurity in the EU. Member States must implement it by 17 October 2024. Below we provide
Kinstellar advises China Southern Power Grid International on the acquisition of a non-controlling stake in ACWA Power’s two wind farm projects in Uzbekistan
Kinstellar is delighted to announce that we have successfully advised China Southern Power Grid International on its acquisition of a 35% stake in ACWA Power Bash Wind Project Holding Company Limited and ACWA Power Uzbekistan Wind Project Holding Company holding 100% in Bash and Dzhankeldy Uzbek project companies, respectively. The projects represent a combined 1 GW capacity and over USD 1.3 billion of investments. This transaction marks the first acquisition of large-scale renewable energy projects in Uzbekistan. Each of Bash and Dzhankeldy wind farm plants is developed based on a ‘Build, Own, Operate, Transfer’ model and consists of 79 wind turbines (158 turbines in total) that will generate 3,235 gigawatt-hours
Kinstellar reinforces its capabilities in Uzbekistan with the appointment of Kamilla Khamraeva as Counsel
Kinstellar is delighted to announce that Kamilla Khamraeva has joined the firm’s Tashkent office as Counsel. Kamilla focuses on Banking & Finance and the Energy and Infrastructure sectors. Kamilla is an experienced lawyer with a strong track record implementing some of the major and most sophisticated projects in Uzbekistan in recent years. She has also been involved in regional initiatives overseeing mandates in Turkmenistan, collaborating with local firms/lawyers on the ground. During her legal career she has advised the IFC, ADB, EBRD, Intesa Sanpaolo, Unicredit, Credit Suisse, MUFG, SACE and others in various transactions. Kamilla often works closely with lenders on structuring bespoke transactions to
Uzbekistan introduces a new legal framework to govern competition within commodity and financial markets
On 3 July 2023, the President of Uzbekistan signed the Law No. ЗРУ- 850 “[o]n competition” (the “New Law”), which comes into force on 4 October 2023, replacing the law on competition No. ЗРУ-319 dated 6 January 2012 (the “Old Law”). The New Law (i) defines new criteria for identifying a dominant market position, (ii) introduces the concept of superior bargaining power, (iii) sets out antimonopoly compliance requirements for certain business entities, (iv) clarifies the requirements for obtaining preliminary consent for certain transactions, and (v) imposes financial sanctions for violations of the New Law. Antimonopoly Compliance The New Law introduces the concept of antimonopoly compliance
Kinstellar assists OTP Bank with completing its first acquisition in Central Asia
As previously announced, in December 2022 Kinstellar advised OTP Bank, Hungary’s largest commercial bank and one of the largest independent financial service providers in Central and Eastern Europe, on the successful acquisition of Uzbekistan’s fifth-largest bank, Ipoteka Bank. Kinstellar has continued advising OTP Bank to reach another significant milestone in the transaction, as OTP Bank has completed the first closing of the transaction, i.e. the acquisition of a 73.71% stake in Ipoteka Bank from the state. With the transaction, OTP has become the first foreign lender to participate in the privatisation of Uzbekistan's banking sector. In the next step of the transaction, the remaining shares of Ipoteka Bank
Uzbekistan introduces amendments to banks’ capitalisation requirements and liberalises access to their ownership by non-residents
On 19 April 2023, the President of Uzbekistan signed law No. ЗРУ-831, which came into force on 20 April 2023 and introduced changes to the law “[o]n banks and banking activities” (the “Amended Banking Law”). Law on Banking The Amended Banking Law (i) increases the minimum charter capital requirement for banks and (ii) lifts certain restrictions on ownership of bank shares by non-residents of Uzbekistan. Increased charter capital requirements The Amended Banking Law increases the requirements for the minimum amount of charter capital of banks in Uzbekistan from UZS 100 billion to UZS 500 billion (from approximately USD 8,780,000 to USD 43,898,000 as of 1 May 2023) within the following timeline:
Kinstellar advises on an IFI-financed pharma sector acquisition in Uzbekistan
Kinstellar is delighted to announce that it has advised a holding company of a leading Ukrainian pharmaceutical company, YURiA PHARM, on the two-stage acquisition of a pharmaceutical company in Uzbekistan. The acquisition, which was supported by financing from an international financial institution, will enable Yuria Pharm to maintain exports despite the war, localise and increase production in Uzbekistan as well as allocate more critical medicine to the market in Ukraine. Our team undertook comprehensive due diligence and advised on transactional, corporate governance, regulatory, anti-trust as well as financing-related and other matters. Kinstellar’s team was led by Sherzod Yunusov, Partner, with the support
Kinstellar advises Silk Road Fund on the acquisition of a 49% stake in the Sirdarya CCGT power plant in Uzbekistan
Kinstellar is delighted to announce that it has successfully advised Silk Road Fund, a development and investment fund established under the framework of the Belt and Road Initiative, on the acquisition of a 49% stake in the 1.5 GW Sirdarya combined cycle gas turbine (CCGT) facility in Uzbekistan. ACWA Power will retain a 51% stake in the facility. JSC “National Electric Grid of Uzbekistan” will be the sole off-taker under the project for a period of 25 years. Located in Shirin, southern Uzbekistan, the project will support the Republic of Uzbekistan in providing cost-effective and energy efficient power solutions for the nearby communities and eliminate 2 million tonnes of carbon emissions per year. Once
Uzbekistan liberalizes regulatory framework for mining of crypto-assets
On 27 April 2022, the President of Uzbekistan signed decree No. UP-121 (the “Decree”), which (i) reorganized the National Agency for Project Management into the National Agency of Perspective Projects (the “Agency”) and authorizing it to regulate circulation of crypto-assets in Uzbekistan (covering issuance, registration, and circulation of crypto-assets by residents of Uzbekistan), and (ii) established a special regulatory regime in the sphere of crypto-asset circulation. According to the Decree, only legal entities are entitled to engage in mining[1] of crypto-assets[2] in Uzbekistan, following compulsory e-registration with the Agency. Mining of crypto-assets does not require obtaining a license. The Decree
Data Privacy Concerns in the Metaverse. May the privacy be with us!
All of us have concerns regarding data privacy in the metaverse. Countless questions come to mind, such as: What is the metaverse? Can a digital personality be considered as personal data? What happens if digital data is processed? In this short article we touch on the metaverse’s main data privacy concerns. What is the metaverse? The metaverse is a virtual world that relies on multiple technologies such as virtual reality, blockchain, artificial intelligence, etc. There is no longer just one world like the real world anymore. A new virtual-world era has begun with the advent of different metaverses such as Horizon, Decentraland, Sandbox, and Upland, and it appears that their number will continue to increase.
Uzbekistan reinforces legal framework for privatization of land
On 15 November 2021, the President of Uzbekistan signed the law No.ЗРУ-728 “[on] privatization of non-agricultural land plots”, which entered into force on 16 November 2021 (the “Law”) and which abolished the earlier adopted law No.ЗРУ-552 dated 13 August 2019. The Law covers privatization of land plots (the “Land Plots”) that are not allocated for agricultural needs and not intended for these purposes. In addition to vacant Land Plots, the Law stipulates that the following types of Land Plots can be privatized: Land Plots provided to legal entities for entrepreneurial and urban development activities; Land Plots provided to citizens of the Republic of Uzbekistan for individual